NAOMI JOHNSON MEMORIAL: Judicial Duty & Constitutional Law Assertion of the Supreme Law for We the People

 MEMORIAL

Judicial Duty & Constitutional Law

Assertion of the Supreme Law for We the People

INTRODUCTION

1. This Memorial is not a request, petition, or plea. It is a lawful declaration of constitutional truth and judicial obligation. It speaks in the voice of We the People, the sovereign authority from whom all government powers are derived.

2. Every officer of government—judges, clerks, prosecutors, police officers, and public servants—takes an oath or affirmation to uphold the Constitution of the United States and the Constitution of the State of New Jersey. That oath is not ceremonial; it is binding law.

3. Where there is no jurisdiction, there is no judge. Where there is no due process of law, there is no lawful power. Any act taken in violation of constitutional limits is void ab initio and creates personal liability for the officer who commits it.

SECTION I – SUPREME LAW OF THE LAND

4. Article VI, Clause 2 of the United States Constitution—known as the Supremacy Clause—establishes that the Constitution, and laws made in pursuance thereof, are the supreme law of the land.

5. No federal statute may violate the U.S. Constitution, and no state or local ordinance, rule, or order may violate the U.S. Constitution or the relevant state Constitution. Constitutional law is the law as expressed in these constitutions. The U.S. Constitution is the supreme law of the land. As such, it is the basis of all law in the United States. A law in violation of the Constitution, no matter what its source, will be declared unconstitutional and will not be enforced. No state statute, administrative regulation, municipal ordinance, or judicial rule may supersede or diminish the guarantees of the Constitution. The Constitution is not optional, and no office grants immunity from its commands.

6. The Constitution establishes a government to serve its citizens. The United States is a democratic republic because the people govern themselves, and the government's authority is derived from the people. The people are the source of all governmental power.

7. The New Jersey Constitution mandates that all state officers, including judges, prosecutors, and administrative clerks, take an oath to support the constitutions of both the United States and New Jersey and to perform their duties faithfully.

8. The New Jersey State Constitution of 1947 affirms: “We, the people of the State of New Jersey, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations, do ordain and establish this Constitution.”

Article I – Rights and Privileges:

• 1. All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.

• 2(a). All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it.

• 6. Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

• 7. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the papers and things to be seized.

• 8. No person shall be held to answer for a criminal offense, unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases now prosecuted without indictment, or arising in the army or navy or in the militia, when in actual service in time of war or public danger.

• 9. The right of trial by jury shall remain inviolate; but the Legislature may authorize the trial of civil causes by a jury of six persons. The Legislature may provide that in any civil cause a verdict may be rendered by not less than five-sixths of the jury.

• Section 10. In all criminal prosecutions the accused shall have the right to a speedy and public trial by an impartial jury; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel in his defense.

• 18. The people have the right freely to assemble together, to consult for the common good, to make known their opinions to their representatives, and to petition for redress of grievances.

SUPREME COURT CASE LAW

9. Marbury v. Madison, 5 U.S. 137 (1803): “All laws which are repugnant to the Constitution are null and void.”

10. Norton v. Shelby County, 118 U.S. 425 (1886): “An unconstitutional act is not law; it confers no rights; it imposes no duties; it is in legal contemplation as inoperative as though it had never been passed.”

SECTION II – DUTY OF JUDICIAL OFFICERS

11. Judges are not rulers; they are trustees of the Constitution. Their first and highest duty is fidelity to the Constitution, not to expedience, statutes, or administrative policy.

12. Every judge in New Jersey swears: “I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of New Jersey.” This oath is the condition of office. To violate it is to break public trust and abandon lawful authority.

13. Cooper v. Aaron, 358 U.S. 1 (1958): No officer of government may “war against the Constitution” without violating his oath and without consequence.

SECTION III – DUE PROCESS & LIMITS OF POWER

14. Due process of law is not a courtesy—it is a constitutional guarantee. No one may be deprived of life, liberty, or property without it. (U.S. Const. Amend. V, XIV).

15. Administrative proceedings, municipal rules, and traffic tribunals do not displace constitutional protections. They are inferior forums, constrained by the supreme law of the land.

16. Fuentes v. Shevin, 407 U.S. 67 (1972): Due process requires notice and an opportunity to be heard before the government deprives a person of property.

17. Where courts proceed without jurisdiction, or where rights are ignored, the officer acts in a personal capacity, not under lawful authority.

SECTION IV – MAXIMS OF LAW

18. “The law requires no impossibilities.”

19. “The government is the servant of the people, not the master.”

20. “Equity will not suffer a right to be without a remedy.”

21. “No man shall profit by his own wrong.”

22. “Fraud vitiates everything it touches.”

23. “Where jurisdiction is lacking, everything is void.”

SECTION V – PERSONAL LIABILITY

24. No badge, robe, or title shields an officer from accountability when violating constitutional rights. Qualified immunity does not apply to acts taken in clear absence of jurisdiction or in knowing violation of clearly established law.

25. Hafer v. Melo, 502 U.S. 21 (1991): State officers sued in their personal capacities are “persons” within the meaning of §1983 and subject to liability for constitutional violations.

26. Ex parte Young, 209 U.S. 123 (1908): Public officials who act unconstitutionally are stripped of their official capacity and may be enjoined personally.

27. Thus, judges, clerks, prosecutors, police officers, and administrators who disregard the Constitution incur personal liability—civil, criminal, and commercial.

SECTION VI – NOTICE TO ALL PUBLIC OFFICERS

28. This Memorial places all officers on notice: continued violation of constitutional rights is unlawful, fraudulent, and actionable.

29. The People created government to secure rights, not to strip them away. All power is delegated, conditional, and revocable.

30. Where officers depart from constitutional duty, their actions are void, their orders without force, and their liability personal.

CONCLUSION

31. Let the record reflect: the Constitution is supreme, and no title or office places any man or woman above it.

32. This Memorial belongs to the People. It corrects the record, clarifies the limits of government power, and affirms the eternal truth that the People are sovereign, and government is their servant.

33. Use this Memorial when rights are ignored, when due process is denied, and when administrative tribunals pretend to possess powers they do not lawfully hold.

34. Where there is no jurisdiction, there is no judge. Where there is no due process, there is no lawful power.

DECLARATION

I, a living woman and one of We the People, do issue this Memorial as lawful truth and notice. It stands as a permanent record correcting unlawful presumptions and reasserting the supreme law of the land.

Respectfully submitted,

Naomi Johnson

A.A.R Without Prejudice